Mr R and the Irish Greyhound Board [2015] IEIC 140162 (1 April 2015)

Mr R and the Irish Greyhound Board [2015] IEIC 140162 (1 April 2015)

The Board failed to justify the application of most claimed exemptions under the FOI Act. Legal professional privilege applied only to specific legal advice in the minutes. Personal information exemptions applied to certain names, but not to information relating to board members or employees acting in official capacities. Commercial sensitivity and other exemptions were not substantiated. The public interest did not outweigh privacy rights except in limited circumstances.

Citation
[2015] IEIC 140162
Parties
Applicant: Mr R; Respondent: Irish Greyhound Board
Jurisdiction
Ireland
Judgment Date
01 April 2015
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Review
Outcome
Decision of the Board varied; partial release of records ordered with specified redactions.
Legal Topics
Freedom of Information, Data Protection, Legal Professional Privilege, Personal Information, Commercial Sensitivity
Administrative Law Information Law Freedom of Information Data Protection Legal Professional Privilege Personal Information Commercial Sensitivity

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Parties

Mr R

Applicant

Irish Greyhound Board

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the Board was justified in refusing access to parts of board minutes and an audit of dogs under sections 21(1)(a), 22(1)(a), 23, 27, 28(1), 30 and 31 of the FOI Act

Ratio Decidendi

The Board failed to justify the application of most claimed exemptions under the FOI Act. Legal professional privilege applied only to specific legal advice in the minutes. Personal information exemptions applied to certain names, but not to information relating to board members or employees acting in official capacities. Commercial sensitivity and other exemptions were not substantiated. The public interest did not outweigh privacy rights except in limited circumstances.

Court Disposition

Decision of the Board varied; partial release of records ordered with specified redactions.

Orders

  • Release all information in the fourth column ('Track') of the audit of dogs record.
  • Release Board minutes dated 28 February 2013: items 1, 2, 3, 4, 5, 7, 8, 9 in full; item 6 with redaction of names in item 6(c).